Annotation

This article examines the objective and subjective criteria for the mediability of corporate disputes. Arising from corporate and quasi-corporate relationships, a corporate dispute often cannot be resolved by a decision by a jurisdictional body, as disagreements over corporate governance may recur. The high level of conflict necessitates the use of mediation for corporate disputes. The specific nature of corporate disputes requires that their consideration consider the interests of the parties, the corporation, governing bodies, beneficial owners, and other persons who often do not take an active role in the dispute. Since mediation does not apply to disputes involving third-party rights or public interests, it is concluded that the mediator is obligated to eliminate these risks when initiating the mediation process. A thesis is formulated regarding the general mediability of all corporate disputes, including non-arbitrable ones, since mediation is a conciliatory procedure. In order to optimize the practice of concluding agreements on the application of the mediation procedure, it is proposed to expand the practice of including mediation clauses in the charters of corporate organizations, which will allow the initiation of the mediation procedure if there is a will to do so by the parties to the corporate dispute